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HomeMy WebLinkAbout2009.03.23 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. March 23,2009 1. CALL.TO ORDER 2. ROLL.CALL.: (a) Pledge of Allegiance. 3. VERBAL. REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Code Enforcement Board Interviews: I. Agenda Report from Gary Crutchfield,City Manager dated March 18,2009. 2. Applications(3)(Council packets only). (b) McNary Pool Revised Management Plan: 1. Agenda Report from Rick White, Community & Economic Development Director dated March 13, 2009. 2. Memorandum to City Manager with Attachment. (e) Annexation Road 76& Court Street(MF#ANX09-001): 1. Agenda Report from David 1. McDonald, City Planner dated March 17,2009. 2. Vicinity Map. (d) Neighborhood Stabilization Program (NSP) Guidelines: . Agenda Report from Angie Pitman, Block Grant Administrator dated March 18, 2009. 2. Resolution Approving Neighborhood Stabilization Program(NSP) Plan Guidelines. 3. Summary of Neighborhood Stabilization Guidelines. 4. Neighborhood Stabilization Program (NSP) Plan Guidelines (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www.Pasco-wa.¢ov/Gencrallnfo/CityCouncilRenorts). (e) Rivershore Enhancement Report: 1. Agenda Report from Gary Crutchfield,City Manager dated March 19,2009. 2. Tri-Cities Rivershore Enhancement Report by Waterfront Center dated 2/09 (Council packets only; copy available for public review in the City Manager's office, the Pasco Library or on the city's webpage at htty://www.pasco- waTaov/General In fo/C ityCouncl_Reports). (n 2009 Water and Sewer Utility Revenue Bonds: 1. Agenda Report from Jim Chase,Finance Manager dated March 18, 2009. 2. Proposed Ordinance. 3. Preliminary Official Statement. (Attachments in Council packets only; copies available for public review in the Finance Manager's office, the Pasco Library or on the city's webpage at http://www.nasco- wa.¢ov/General info/CitvCoumci I&Mns.) (g) Authorization to Purchase Personal Property with Local Option Capital Asset Lending (Local) Program: 1. Agenda Report from Jim Chase, Finance Manager dated March 18,2009. 2. Proposed Authorizing Ordinance. 3. Proposed Reimbursement Authorization Resolution. 4. Annex 1 -Copy of Notice of Intent to Utilize the LOCAL Program. 5. Annex 2-Copy of Sample Financing Contract. 6. Annex 3 -Certificate Designating Authorized Agency Representatives. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) Workshop Meeting 2 March 23,2009 6. EXECU'T'IVE SESSION: (a) (b) (c) 7. ADJOURNMENT. REMINDERS: 1. 1:30 p.m., Saturday, March 21, 1320 W. Hopkins — Pasco Library Grand Reopening Ribbon Cutting Ceremony. (MAYOR JOYCE OLSON) (ALL COUNCILMEMBERS INVITED TO ATTEND) 2. 6:30 p.m., Saturday, March 21, CBC HUB — NAACP Convention Wcicome Address. (MAYOR PRO-TEM MATT WATKINS) 3. 4:00 p.m., Monday, March 23, Port of Benton — Hanford Area Economic Investment Fund Committee Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; AL YENNEY, Alt.) 4. 12:00 p.m., Wednesday, March 25, Red Lion, Kennewick — State of the Cities Luncheon. (MAYOR JOYCE OLSON) 5. 7:30 a.m., Thursday, March 26, 7130 W. Grandridge Blvd. — Tri-Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN. Alt.) 6. 11:30 a.m., Thursday, March 26, Red Lion, Pasco — TRIDEC 45`" Annual Mecting. (COUNCILMEMBERS MIKE GARRISON and BOB HOFFMANN.) 7. 5:30 p.m., Thursday, March 26, 710 W. Court Street — Bcnton-Franklin Community Action Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK,Alt.) 8. 12:00 p.m., Wednesday, April 1, 2601 N. Capitol Avenue — Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY,Alt.) AGENDA REPORT TO: City Council March 18, 2009 FROM: Gary Crutchfi Manager Workshop Mtg.: 3/23/09 SUBJECT: Code Enfor ent Board Interviews I. REFERENCE(S): 1. Applications (3) (Council packets only) I1. ACTION REQUESTED OF COUNCIIJSTAFF RECOMMENDATIONS: 3/23: Council to conduct brief interviews with Daniel Gottschalk, Kenneth Klander and Donald Cooper. 11I. HISTORY AND FACTS BRIEF: A) The Code Enforcement Board is composed of five members; terms are for two years. The board meets on the first Thursday of every month at 7:00 p.m. in the City Hall Council Chambers. B) The Code Enforcement Board hears controversies regarding alleged violations of the city code, particularly property maintenance standards. C) There are two positions whose terms have expired: 1. Position No. l (currently Dwayne Speer) 2. Position No. 2 (vacant) D) The Council screening committee concluded that the incumbent in Position No. 1 be reappointed without interview. E) After Council screening committee review of all applications, the following have been selected to interview for Position No. 2 (vacant position): 1. Daniel Gottschalk................................................. 1919 W. Bonneville 2. Kenneth Klander.........................................................2 Sunflower Ct. 3. Donald Cooper..................................................1114 West Park Street IV. DISCUSSION: A) After conduct of interviews at the March 23 Workshop meeting, it is proposed that appropriate appointments be made by the Mayor, subject to confirmation by the Council, at the April 6 Business meeting. 4(a) AGENDA REPORT FOR: City Council March 13'x', 2009 TO: Gary Crutchfiel anager Workshop Mtg.: 03/23/09 FROM: Rick White, Community& Economic Development Director SUBJECT: McNary Pool Revised Managgment Plan I. REFERENCE(S): 1. Memorandum to City Manager with Attachment II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 03/23/09: DISCUSSION III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The Corps of Engineers developed the McNary Pool Shoreline Management Plan in 1980, and prepared revisions to this original Plan in 1983. It has not been updated since then. The Pasco Columbia River shoreline is regulated by the Plan. B. Several species of fish in this portion of the River are now listed as threatened or endangered under the Endangered Species Act (ESA). C. In January of this year, the Corps (along with a biologist and a Fish and Wildlife representative) presented draft revisions to the Management Plan at a public meeting at Columbia Basin College. D. The sentiment at the public meeting was one of concern over the regulatory requirements contained in the Plan revisions — especially regarding impacts to existing dock owners. E. The existing requirements of the McNary Pool Shoreline Management Plan have been administered in an inconsistent manner. This has allowed nonconforming docks to be installed, encroachment of private structures and uses into portions of the publicly owned shoreline and false expectations of property owners adjacent to the shoreline. 11. DISCUSSION: A. The draft Plan contains several changes to dock construction requirements that arc required by the ESA. These changes are intended to be implemented upon renewal of real estate licenses for individual docks. Although expensive, many of these requirements can physically be implemented by dock owners. B. The proposed requirement for a 10' minimum dock anchoring depth cannot be met by most dock owners. This proposed requirement was the most objectionable at the Corp's January public meeting. C. The City is not leading the Plan revision process and has limited ability to significantly change direction of the draft Plan. The attached memorandum contains several options for the City to consider. 4(b) MEMORANDUM DATE: February 201" , 2000 TO: Gary Crutchfield, City Manager FROM: Rick White, 2 &.A Community & Economic Development Director SUBJECT: Revised McNary Pool Plan The Corps of Engineers and an assortment of biologists, Fish & Wildlife agency representatives and attorneys presented the Corp of Engineer draft Shoreline Management Plan for the McNary Pool at a public meeting at Columbia Basin College on Wednesday, January 14, 2009. The McNary Pool Shoreline Management Plan was developed by the Corp in January of 1980, revised in 1983 and has not been updated since then. In the years since its implementation, the permitting and renewal standards have been followed by the Corps in a haphazard manner. This has resulted in lax application of existing requirements, encroachment on the publicly owned shoreline by adjacent landowners, construction of docks that do not meet existing standards and unrealistic expectations of many owners of adjacent shoreline property. Since 1983, the population and developed property in the Tri-Cities has increased exponentially, and 8 stocks of fish found in Lake Wallula have been listed as either threatened or endangered under the Endangered Species Act (ESA). The 1983 Plan does not acknowledge either of these occurrences through standards or permitting processes. Currently, there are 24 existing docks in the McNary Pool that were constructed prior to 1986. These are considered "grand fathered". Most of the remaining existing docks are all allowed on a S year cycle of approval or renewal through a real estate license that is coordinated by the Corp with agencies and Tribes. The real estate license renewal process is an existing requirement and is unique to each site. It usually takes 6 months and approximately $1,000 for processing, but circumstances (for example, archeological remains) on the site can greatly impact both processing costs and times. Approval and renewal of docks through this process is not a new requirement. The Corp acknowledges that over the past years, renewals have not followed a consistent pattern or have not followed existing regulations for processing. Although the proposed McNary Plan revisions do not introduce this requirement, due to past practice, it seems as though it is a new requirement. The proposed McNary Plan reiterates existing regulations that prohibit transferring dock permits or licenses when a new owner acquires ownership of a property with a dock permit. These existing requirements provide for a 14-day window of application from the time a property transfers ownership to apply for a new permit or a renewal for an existing dock. Again, this is not a new requirement. The changes within the draft Plan that will have the largest impact to most dock owners in the Tri-Cities are to the dock design criteria. Although the proposed design criteria contain too many points to list in this memorandum (see attachment), the criteria that will have the most impact on existing dock permit holders is likely the depth that docks must be anchored in. The depth requirement is new criteria stemming from provisions of the ESA. The minimum depth that will be permitted in the draft McNary SMP for anchoring of docks is 10 feet. This minimum depth will impact holders of dock permits along the Pasco shoreline. Docks that cannot meet the proposed criteria - whether new or a result of a renewal- will need to be removed at the owners' expense. There is also a limitation on square footage of docks at 160 feet. However this is not a new requirement. It has been inconsistently applied and has created expectations of renewal that are inconsistent with the revised Plan. The proposed Plan also contains new criteria for construction and finishing, electricity and transparency of docks. Under the draft McNary SMP, the shoreline allocations (basically the land use of the McNary pool) remain unchanged from existing conditions. The draft preferred alternative assumes that current allocations meet the needs of the plan and requirements of the law. As the City is not leading the revision process, and will not be the final authority on adoption, it is not likely that we have the ability to make wholesale changes to the direction the Plan is headed. However, if the City were to provide comments to the Corps, we should focus on the minimum depth dock anchoring requirement of 10'. This is the one requirement that is beyond the control of most dock owners. Options may include: 1. Urge the Corps to consider other biological opinions regarding anchoring depth of docks. 2. Urge the Corps to implement design criteria for dock renewals — but not depth criteria. Perhaps recommend to the Corps an earlier date for implementation of design criteria in exchange for removing minimum depth criteria. 3. Urge the Corps to better justify the public benefit of the new minimum depth. If information does not justify — then adjust proposed design criteria as necessary. 4. Urge the Corps to allow "grandfathering" all existing and permitted docks unless clear biological evidence exists that doing so will harm ESA species. RW/sa Lake Wallulai McNary Pool residential overwater structure design criteria Approved by: National Marine Fisheries Service Washington State Department of Fish and Wildlife U. S. Army Corps of Engineers -Walla Walla February 2008 OBJECTIVES: • Overwater structure design,construction, and use shall minimize degradation of aquatic, near-shore,and shoreline habitats. • Overwater structures shall not impede any juveuile or adult salmonid life stage including migration, rearing,and spa«ning. • Overwater structures shall not enhance habitats used by potential salmunid predators(esp. Fishes and birds). Overwater structure definitions and abbreviations 1. A residential overwater structure typically consists of shoreline anchor, ramp,and float The structure may also include pile(s)and/or float anchor(s). 2. Functional grating is the area that is not covered or blocked by any objects such as framing wood, flotation tubs,etc The percent of functional grating is in relation to the surface area of the float. 3. Corps - United States Army Corps of Engineers, Walla Walla District 4 NMFS -National Marine Fisheries Service 5. WDFW - Washington State Department of Fish and Wildlife Piers and ramps 1 To prevent damage to shallow water habitat,piers and/or ramps shall extend at least 40 feet perpendicular from the ordinary high water mark(OHWM). 2. Piers and ramps shall be no more than 4 feet in width. 3. The bottom of the pier or bottom of the landward edge of the ramp shall be elevated at least 2 feet above the plane of OHWM. 4. Grating shall cover the entire surface area(100%)of the pier and/or ramp The open area of grating shall be at least 50%as rated by the manufacturer. 5. Skirting shall not be placed on piers, ramps.or floats. Protective bumper material will be allowed along the outside edge of the float as long as the material does not extend below the bottom edge of the float frame or impede light penetration. G. Shoreline concrete anchors must be placed at least 10 feet landward from the OHWM and shall be sized no larger than 4-feet wide by 4-fret long,unless otherwise approved by NMFS,Corps, and WDFW, The maximum anchor height shall only be that necessary to attain condition#3 above. Piling and float anchors 1. Piling shall not exceed 5 inches in diameter. 2. Piling shall be spaced at least 18 feet apart on the same side of any component of the overwater structure. The pier/ramp and float are separate components. 3. Each overwater structure shall utilize no more than 6 piles total for the entire project. 4. All pilings shall be fitted with devices to prevent perching by piscivorous(fish-eating)birds. 5. Submerged float anchors will be constructed out of concrete and shall be horizontally compressed in form, by a factor of 5 or more, for a minimum profile above the stream bed(the horizontal length and width will be at least 5 times the vertical height). 6. No in-water fill material will be allowed,with the exception of pilings and float anchors(Note: uncured concrete or its by-products shall not be allowed). Floats I. Float components shall not exceed the dimensions of 8-by 20-feet or an aggregate total of 160 square feet for all float components. 2. Float materials contacting the water shall be white in color. 3. Flotation materials shall be permanently encapsulated to prevent breakup into small pieces and dispersal in water,(e.g.rectangular float tubs). 4. Grating shall cover 100%of the surface area of the float(s). The open area of the grating shall be no less than 50%as rated by the manufacturer. S. Functional grating will cover no less than 500/o of the float. 6. Floats shall not be located in shallow water habitat where they could ground or impede the passage or rearing of any life stage of salmonid. Floats shall be in at least 10 feet of water at all reservoir pool levels including Minimum Operating Pool(MOP)(which is 335 feet above sea level). Depth is measured from the bottom of the landward-most edge of the float. 7. Nothing shall be placed on the overwater structure that will reduce natural light penetration through the structure. 8. Floats shall be positioned at least 40 feet horizontally from the OHWM and no more than 100 feet from the OHWM as measured from the landward-most edge of the float. Preservatives 1. The dock shall be built with materials that do not leach preservatives or other materials. 2. No treated wood of any kind shall be used on any overwater structure(float,pier,or ramp). 3. No paint,stain or preservative shall be applied to the overwater structure. Preconstructiou and construction activities 1. If native vegetation is moved,damaged or destroyed, it shall be replaced with a functional native species equivalent during site restoration. 2. Any large wood,native vegetation,topsoil,and/or native channel material displaced by construction shall be stockpiled for use during site restoration. 3. No existing habitat features(e.g.,woody debris,substrate materials)shall be removed from the shore or aquatic environment. 4. Construction impacts shall be confined to the minimum area needed to complete the project. S. The boundaries of clearing limits associated with site access and construction shall be flagged to prevent ground disturbance of riparian vegetation,wetlands,and other sensitive sites beyond the flagged boundary. This action shall be completed before any significant alteration of the project area. 6. A supply of sediment control materials(e.g.,silt fence,straw bales,coconut fiber COIR bales) shall be available onsite. This action shall be completed before significant alteration of the project area. 7. All temporary erosion controls shall be in place and appropriately installed downslope of project activities within the riparian area until site restoration is complete. 8. Project construction shall cease under high flow conditions that could result in inundation of the project area except for efforts to avoid or minimize resource damage. Vegetation enhancement 1. Riparian vegetation will be planted,maintained,and/or enhanced along the entirety of the Corps waterfront land adjacent to the overwater structure. 2. For mitigation planting,the planting shall include native shrubs and trees from the following list. The use of native shrubs and trees not listed here must be approved by the Corps and WDFW. a. Shrubs: i. Sitka Willow,Salix sitchensis ii. Scouler's Willow,Sailx scouleriana iii. Coyote Willow,Salix exigua iv. MacKenzie's, Willow Salix prolixa v. Pacific Willow, Salix lasiandra vi. Red-Osier Dogwood,Corpus stolonifera vii. Common Juniper,Juniperus communis b. Trees: i. Black Cottonwood,Populus trichocarpa ii. Red Alder,Alnus rubra iii. Ponderosa Pine,Pinus ponderosa iv. Douglas-Fir,Pseudotsuga menzeisii 3. Shrubs and trees shall be planted at intervals of 3-and 10-feet,respectively. Trees and shrubs will be planted at a l to 10 ratio(I tree for every 10 shrubs planted) 4. All plants shall be planted between February 15 and June I and be completed by June 1 of the same year following the start of construction of the overwater structure. 5. Plantings must have 100%survival for the first five years after planting. After the first 5 years, survival must be maintained at 80%for shrubs and 100%for trees. Individual plants that dic must be replaced in kind(i.e.,replace a tree with a tree)with species from the native list above or other species approved by the Corps and WDFW. All trees and shrubs shall be maintained (watered,beaver protection installed,and replaced) for as long as the overwater structure is present,regardless of ownership of the structure. General 1. No electricity shall be provided to or on the overwater structure. 2. No boat lifts or watercraft lifts(e.g.,jet ski lifts)of any type will be placed on or in addition to the overwater structure. 3. Shoreline armoring(i.e.,bulkheads,rip-rap,and retaining walls)shall not occur in association with installation of the overwater structure. 4. Construction of the overwater structure shall be completed during the in-water work window of December I to February 28. References 1. Bjornn,T.C.,and Reiser, D.W. 1991.Habitat requirement of salmonids in streams. In Influences of forest and rangeland management on salmonids fishes and their habitats. American Fisheries Society.pp. 83-137. 2. Burdick,D.M.,and Short, F.T. 1999.The effects of boat docks on eelgrass beds in coastal waters of Massachusetts. Environmental Management 23(2): 231-240. 3. Carrasquero,J. 2001.Over-water structures: freshwater issues, Washington State Department of Fish and Wildlife. 4. Chapman,D.W. 2007. Effects of docks in Wells Dam pool on subyearling summer/fall chinook salmon. S. Fayram,A.H.,and Sibley,T.H.2000. Impact of predation by smallmouth bass on sockeye salmon in Lake Washington, Washington.North American Journal of Fisheries Management 20: 81-89. 6. Feist,B.E.,Anderson,J.J.,and Miyamoto, R. 1992.Potential impacts of pile driving on juvenile (Oncorhynchus gorbuscha)and chum(O. keta)salmon behavior and distribution,Pound Sounds. 7. Fresh, K.L., Wyllie-Echeverria,T., Wyllie-Echeverria,S.,and Williams, B.W. 2006. Using light- permeable grating to mitigate impacts of residential floats on eelgrass Zostera marina L. in Puget Sound, Washington.Ecological Engineering 28:354-362. 8. Washington State Department of Fish and Wildlife. 2006.Overwater structures and non- structural piling white paper,Olympia, Washington. •s ss••s•s•r•sss•arsrsrrss••r rrs••rrr•s rrsssss•rrrsrrrrsssr►•rssssrssssr•• AGENDA REPORT FOR: City Council March 17, 2009 TO: Gary Crutchfi anager Workshop Mtg.: 3/23/09 Rick White, Co m & Economic Development Director FROM: David I. McDo ald, City Planner SUBJECT: Annexation: Road 76 &Court Street (MF#_ANX09-001) I. REFERENCE(S): I. Vicinity Map 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/23: DISCUSSION: Ili. FISCAL IMPACT: See below IV. HISTORY AND FACTS BRIEF: A. Due to a recent state court decision, payment of the "use tax" for brokered natural gas applies at the point at which the broker makes delivery of the natural gas to the end user. In the case of Pasco users of brokered natural gas, that location purportedly is at the Cascade Natural Gas station situated at Road 76 and Court Street. As that location is just outside the city boundary, it is not subject to the city's use tax. This circumstance results in a sudden loss of prior tax collections approximating $30,000/annually. if the Cascade station was annexed to the city, the tax obligation would be restored and the city would not experience the loss of general fund revenue. B. Staff has identified the highlighted area on the vicinity map for possible annexation to address the loss of general fund revenue discussed above. Annexation of unincorporated lands is most often accomplished through the petition method of annexation. Valid annexation petitions must carry either the direct signatures of property owners or signatures through the use of power of attorney agreements necessary for water service. In this case property owners within the proposed annexation area have provided the city with enough signatures through current power of attorney agreements to cause the area to be annexed. C. The petition method of annexation requires the Council to review an initial petition (representing 10% of the property value for the area) to make a determination on the appropriateness of the annexation boundary. The annexation boundary is established by approval of a Council Resolution. The initial petition is followed by a final petition (representing 60% of the property value for the area) which the Council considers in a public hearing. If the Council were to approve a Resolution at the April 6, 2009 meeting a public hearing to consider the proposed annexation could be scheduled for April 20, 2009. D. Following discussion and review of this matter on March 30, 2009 staff can prepare an annexation petition and Resolution for the Council meeting of April 6, 2009. 4(c) Vicinity Item: Annexation Road 76 & Court St Map Applicant: City of Pasco N File ANX 09-001 �. - r ` - ./ � �' � � ��� I. t�''� ,tom • � . �• I 1p id va W . , At OZOM 91, 4 AP alldot AGENDA REPORT FOR: City Council March 18,2009 TO: Gary Crutchfield, Ci ger Workshop Mtg.: 03/23/09 Rick White, 11-14..( Regular Mtg.: 04/06/09 Community& Economic Development Director FROM: Angie Pitman, Block Grant Administrato SUBJECT: Nei ht borhood Stabilization Program(NSP) Guidelines 1. REFERENCE(S): I. Resolution Approving Neighborhood Stabilization Program(NSP) Plan Guidelines 2. Summary of Neighborhood Stabilization Guidelines 3. Neighborhood Stabilization Program(NSP) Plan Guidelines (Council packets only; copies are available for public review in the Planning office, the Pasco Library or on the city webpage at http://www.pasco-wa.gov/GeneralInfo/CityCouncilReports.) 11. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 3/23: Discussion 4/06: Motion: I move to approve Resolution Approving Neighborhood Stabilization Program (NSP) Plan Guidelines III. FISCAL IMPACT: $402,141 IV. HISTORY AND FACTS BRIEF: A) Washington State Community Trade and Economic Development (CTED) Department has been allocated $28,159,293 to establish and implement the Neighborhood Stabilization Program (NSP), which helps communities minimize the effects of foreclosures and abandonment of homes. The City of Pasco will receive $402,141 of the allocated NSP funds for neighborhood stabilization. The City accepted the NSP grant opportunity by letter on December 30, 2008. B) Council approved the Neighborhood Stabilization Program (NSP) Work Plan by resolution at the March 16, 2009 meeting. C) The Neighborhood Stabilization Program (NSP) Action Plan required to be submitted to CTED by April 1, 2009 for use of the funds has been prepared in accordance with the approved NSP Work Plan. V. DISCUSSION: A) Guidelines for administration of the Neighborhood Stabilization Program (NSP) Action Plan are needed to provide criteria for participation in the plan, ensure compliance with Federal, State and City laws governing the program, and provide performance measurement and monitoring goals. B) The requirements of the program guidelines are summarized for Council review and comment, and delineated as to whether it is a Federal/State requirement of the program or local discretion. 4(d) RESOLUTION NO. A RESOLUTION APPROVING THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) PLAN GUIDELINES WHEREAS, the City of Pasco has been awarded $402,141 under the Neighborhood Stabilization Program (NSP) authorized under Title III of the Housing and Economic Recovery Act of 2008 (HERA) and administered by the US Department of Housing & Urban Development (HUD), and subject to both CDBG and HOME regulations for the purpose of stabilizing neighborhoods negatively affected by foreclosures and abandoned properties; and WHEREAS, the Pasco City Council approved the Neighborhood Stabilization Program (NSP) Work Plan in March, 2009; and WHEREAS, the Neighborhood Stabilization Program (NSP) Plan has been prepared in accordance with Community Trade and Economic Development (CTED) Guidelines and the approved NSP Work Plan; NOW,THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. That the Neighborhood Stabilization Program (NSP) Plan Guidelines (attached)are hereby approved. PASSED by the City Council of the City of Pasco this day of , 2009 CITY OF PASCO: Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney SUMMARY NSP PROGRAM REQUIREMENTS _ E 'u .o C O u L ''—' DBE d �. W Q, E b tswi 0: !o LX Applicability Program Requirement Applicant • United States citizen, United States non-citizen national X or qualified alien; . Middle-income(120%AMl) and below; X • Demonstrate a financial need for NSP assistance. X Suitable Borrower . Complete approved home buying course X • Must make a minimum contribution of at least S1,000 of X their own funds to be used towards the purchase of the property as evidence of the borrower's financial participation. • Sufficient income to support the primary debt and able to X show evidence of approved funding from primary lender. Real Property . Be a foreclosed property; X • Within Pasco city limits; X . Have a maximum purchase price that does not exceed the X current median purchase price for the area,as established annually by HUD; • Meet the definition of single family housing at 24 CFR X 92.254(a)(1); • Meet the definition of affordable,modest housing X contained in 24 CFR 92.254(x)(2); • Meet the property standards contained in 24 CFR X 92.251(a)(2); • Free of chipped or peeling paint if the home was built X before 1978,per 24 CFR 92.355; . Fee Simple Title--the borrower must provide a X preliminary title report that is satisfactory to the City. • Occupied by the seller(owner),or the house is vacant; X • "As Is" meets HUD HQS and local housing standards X • Current property taxes. X Manufactured Home . In addition to above real property requirements: X • Constructed after June 15, 1976 and in accordance with X standards established under 24 CFR Part 3280; • Located on land that is held by the first-time homebuyer, X or the homebuyer has a lease interest in the land for the entire required affordability period; . Meet local building and zoning standards; X . Be fixed to a permanent foundation; X . Be taxed as real property, i.e. title eliminated; and X • Be connected to pennanent utility hook-ups. X - 1 - Printed 3179/o9 C = v �„ O C ►. W d 6a W t i •`' a E d a Q, E 'a a Applicability Program Requirement Eligible Project • Reasonable and necessary project costs as allowable per X Costs OMB-A87 and 24 CER 92.602(b)(1)and (3) • Total closing costs no greater than 3.5%per note X • Loan to Value Ratio no greater than 103.5%of the sales X price of the home,including required and necessary closing costs. Inspections • Meets HUD Housing Quality Standards X Required . Meets Environmental Review requirements X • Meets Lead-Based Paint minimum requirements X • Appraisal X Down Payment . Up to 50%of required down payment X Assistance Loan . Recapture or resale of 100%of NSP investment if X Terms transfer occurs during period of affordability (5 years) • Repayment terms for resale or recapture from net X proceeds(pro-rated to return some of owner's investment) • Lien in no less than 2n°position X • Up to S 1 0,000 of direct assistance as silent second X • Zero percent interest rate on silent second X • Acceptable primary loan types(conventional loan, fixed X rate,no greater than 30 year term),no adjustable rate or subprime mortgages X • Principle residence of owner for life of the loan X • Real property taxes and hazard insurance must be current X at all times • Property kept in good condition,repair and permit no X waste thereof • The home may not be used for any activities prohibited X by law. Other Regulations . Fair Housing Act Equal Credit Opportunity Act(ECOA). X Applicable • Real Estate Settlement Practices Act(RESPA) X • Truth in Lending Act (TiLA)(Part of federal Consumer X Credit Protection Act) • Right to Financial Privacy Act of 1978 (Codified to 12 X U.S.C. 3401 note] • Title IV of the Personal Responsibility and Work X Opportunity Reconciliation Act of 1996. Monitoring • City will monitor the homebuyer via postal mail or other X methods throughout the life of the NSP loan to ensure compliance with residency requirements. - 2 - Printed 3119/09 AGENDA REPORT TO: City Council March 19, 2009 FROM: Gary Crutchfie anager Workshop Mtg.: 3/23/09 SUBJECT: Rivershorc Enhancement Report I. REFERENCE(S): 1. Tri-Cities Rivershore Enhancement Report by Waterfront Center dated 2/09. (Attachment in Council packets only; copy available for public review in the City Manager's office, the Pasco Library or on the city webpage at htt]2,//www.pasco- wa.gov/GeneralInfo/CityCouncilReports.) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/23: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) When the local jurisdictions initiated their collective rivershore enhancement effort in 1996, one of the first steps taken was to contract with "The Waterfront Center" (nationally-recognized consultant on waterfront enhancement) to identify and evaluate enhancement opportunities for the Columbia River shoreline within the Tri-Cities urban area. That report (completed in 1977) became a blueprint for the action plan undertaken by the Tri-Cities Rivershore Enhancement Council (TREC) over the ensuing decade. The effort included lowering the levees, extending the shoreline trails, lighting the Cable Bridge, etc. B) With much of the original report's recommendations accomplished, the Visitor and Convention Bureau (on behalf of TREC) contracted with the Waterfront Center to revisit the Tri-Cities shoreline last year to provide a new evaluation of enhancement opportunities, given the accomplishments to date. The result of that visit is contained in the Waterfront Center's 2009 report (attached). V. DISCUSSION: A) The 2009 report will serve as guidance to the local jurisdictions and TREC to pursue further enhancements of the Columbia River shoreline within the urban area. Council should provide any collective direction to staff with regard to particular issues or opportunities it feels should be pursued. 4(e) AGENDA REPORT FOR: City Council March 18, 2009 TO: Gary Crutchfiel anager Workshop: 3/23/09 Stan Strebel, Ad finis tive and Community Services Director Regular: 4/6/09 FROM: Jim Chase, Finance Manager SUBJECT: 2009 WATER AND SEWER UTILITY REVENUE BONDS I 1. REFERENCE(S): 1. Proposed Ordinance. 2. Preliminary Official Statement. (Attachments in Council packets only; copies are available for public review in the Finance Manager's office, the Pasco Library or on the city's webpage at http://www.i)gsc�g-wa.g_ov/Generalinfo/CityCouncilRcports.) I1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATION: 3/23 Discussion 4/6 MOTION: I move to adopt Ordinance No. , an Ordinance relating to the Waterworks Utility of the City, including the Sanitary Sewerage System and the System of Storm or Surface Water Sewers as a part thereof; adopting a system or plan of additions to and betterments and extensions of the Waterworks Utility of the City; Providing for the issuance and sale of$9,955,000 (ESTIMATE) Par Value of Water and Sewer Revenue Bonds, 2009., for the purpose of carrying out such plan of additions and of improvements in Utility Local Improvement District No. 143; fixing the Date, Form, Denomination, Maturities, Interest Rates, Terms and Covenants of the Bonds authorized herein; and providing for the Sale and Delivery of the Bonds to Piper Jaffray, & Co. of Seattle, Washington. III. FISCAL IMPACT: Anticipated debt service requirements will be scheduled with other debt service requirements of the water and sewer utilities. Annual payments of the bonds for the new West Side Water Treatment Plant will vary little in total amount from year to year and are scheduled to be approximately $695,000. It is structured to provide level annual repayment (principal payments increase as interest payments decrease each year) until the bonds are repaid. The financing for Utility Local Improvement District #143 (ULID), (sewer installation in the Road 110 area) is structured differently. The principal repayment amount is constant each year ($60,000) and interest declines as principal is retired. Annual debt service for the treatment plant portion is based on estimated interest rates from 3.25% to 5.25% and for the UL1D portion, 3.25% to 4.5%, depending on maturity. IV. HISTORY AND FACTS BRIEF: These bonds will finance the construction of a new West Side Water Treatment Plant, which was included in the 2009 - 2014 Capital Improvements Plan at $9,000,000. These bonds will be repaid over a 20 year period. 4(f) The remaining amount will provide financing to the property owners of ULID #143 over a period of 15 years. Staff feels it is cost effective to combine the two financings into one. The interest rate that was estimated in the ULID ordinance, and the amount that is currently being charged to the property owners for annual repayment, is 6%. This financing should enable that interest charge to be lowered to around 4.5%. VI. DISCUSSION: Staff recommends adoption of the proposed ordinance. V1 1. OTHER FACTS: The City is requesting a bond rating from Standard and Poor's Rating Agency (S&P) and have scheduled a telephone conference call with them on March 27. Prior bond issues have been rated by Moody's Rating Agency. Staff is hoping to receive a better rating from S&P. Interest rates are reflective of those ratings. Staff will also review if purchasing bond insurance is cost effective. Purchasing bond insurance guarantees a rating of AAA and commands the lowest interest rates. The bonds will be sold on April 6. The completed bond ordinance will be available by the start of that council meeting. Jane Towery, Managing Director of Public Finance with Piper laffTay, Inc. will be present at the April 6 meeting to report on the sales of the bonds. AGENDA REPORT NO. FOR: City Council Date: March 18,2009 TO: Gary Crutchfrel r anager W/Shop Mtg.: March 23,2009 Stan Strebel,A nistr r e d Co rvice Director Reg. Mtg.: April 6. 2009 FROM: Jim hase, ance Mana r SUBJECT: AUTHO ATION TO PURCHASE PERSONAL PROPERTY WITH LOCAL OPTION CAPITAL ASSET LENDING(LOCAL) PROGRAM 1. REFERENCE(S): A) Proposed Authorizing Ordinance B) Proposed Reimbursement Authorization Resolution C) Annex 1 -Copy of Notice of Intent to utilize the LOCAL Program D) Annex 2-Copy of Sample Financing Contract E) Annex 3 -Certificate Designating Authorized Agency Representatives 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/23/09 Discussion 4/6/09 MOTION: I move to adopt Ordinance No. , authorizing the acquisition of personal property known as the Police Department Patrol Vehicle Computer Equipment and a financing contract with the State of Washington Local Option Capital Asset Lending (LOCAL) Program and to authorize publication by summary only. I move to approve Resolution No. authorizing reimbursement for the purchase of the personal property known as the Police Department Patrol Vehicle Computer Equipment through a financing contract. Ill. FISCAL IMPACT: 5240,000 budgeted. Financing of$200,000 is proposed at an estimated 4.25% interest. IV. HISTORY AND FACTS BRIEF: A. The 2009 budget includes 5240,000.00 for the purchase of ruggedized permanent mounted computers for use in the city's police patrol vehicles. These computers were proposed to replace the current method of issuing one consumer grade laptop computer to each patrol officer. The current method has shown increasing costs and maintenance issues, including frequent repairs, downtime to the officers, inability to operate in the extreme temperatures without constant idling of the vehicles,resulting in short lifecycles. Using permanent mount computers in the patrol vehicles reduces the number ofcornputers in the patrol division, saving licensing costs, computer replacements and the number of computers requiring support by the Information Services Division. They also provide additional officer benefits over the current laptops, including touch screens, backlit keyboards,and airbag safety compliance. B. By implementing the hard mount computers in the patrol division and phasing out laptop use by other officers, the police department will save an estimated 24%of officer computer costs each year, totaling$106,662.00 over the 6 year planned life cycle. This will also reduce the number of the IS division's highest maintenance computers by 22%,saving repair time and costs,plus software licensing fees. Additional savings will be realized through reduced un- attended patrol car idling and officer computer downtime. C. The purchase of the Police Department Patrol Vehicle Computer Equipment can be financed through the LOCAL Program over a 4 year period. The latest financing for personal property through the LOCAL Program was in December 2008 at an interest rate of approximately 4.25%. The State t'reasurer's Office generally offers these financing options every 3 months. The next available financing for our purposes, however, would be in June and the City would receive the loan proceeds ($200,000) at that time. Interest rates are expected to remain about the same. 4(g) V. DISCUSSION: Financing through the LOCAL program would likely be at an interest rate of approx.4.25%. V1. OTHER COMMENTS: Staff recommends participating in the LOCAL Program for this purchase. Future budgets will include the cost to replace the equipment at the end of its useful life of six years. The financing, however,will be repaid in 4 years. The City last used the LOCAL Program in 2004 to finance the purchase of Digital Video Equipment installed in Patrol vehicles. The LOCAL, program is an expanded version of the successful state agency lease/purchase program. The program was originally created by the Legislature in 1989 (RCW 39.94) to provide the lowest cost financing for state agency purchases by pooling funding needs into larger offerings of securities. "the Legislature passed legislation in 1998 to provide local governments access to the program. Local government agencies of all types can finance equipment needs dirough the State Treasurer's office subject to existing debt limitations and financial considerations. The fioancing in December 2001 was the first real estate financing through the LOCAL Program. The major benefits of LOCAL program are (1)simplicity and (2) low cost financing. Participants will benefit from the current program rating of Moody's Aa2, low fees and expenses, and access to the public bond markets. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ACQUISITION OF PERSONAL PROPERTY KNOWN AS THE POLICE DEPARTMENT PATROL VEHICLE COMPUTER EQUIPMENT AND EXECUTION OF A FINANCING CONTRACT AND RELATED DOCUMENTATION RELATING TO THE ACQUISITION OF SAID PERSONAL PROPERTY. WHEREAS,the City of Pasco, Washington, has executed a Notice of Intent(NOI) to the Office of State Treasurer, in the form attached hereto as Annex 1, in relation to the acquisition of and the financing of the acquisition of the Property, as defined below, under the provisions of RCW ch 39.94;and WHEREAS, it is deemed necessary and advisable by the City Council of the City of Pasco that the City of Pasco acquire the equipment and/or personal property identified on Annex 1 attached hereto (Property); and WHEREAS, it is deemed necessary and advisable by the City Council of the City of Pasco that the City of Pasco enter into a Local Agency Financing Contract with the Office of the State Treasurer, in the form attached hereto as Annex 2 (the "Local Agency Financing Contract"), in an amount not to exceed $200,000, in order to acquire the Property, and finance the acquisition of the Property and related financing costs; and WHEREAS, the City of Pasco will undertake to acquire the Property on behalf of and as agent of the Washington Finance Officer's Association (the "Corporation") pursuant to the terms of the Local Agency Financing Contract, and in accordance with all applicable purchasing statutes and regulations applicable to the City of Pasco; and WHEREAS, the City of Pasco desires to appoint the individuals set forth in Annex 3 as the representatives of the City of Pasco in connection with the acquisition of the Property and execution of the Local Agency Financing Contract (each as an "Authorized Agency Representative"); NOW,THEREFORE, BE IT ORDAINED, by the City Council of the City of Pasco as follows: SECTION 1: The individuals holding the offices or positions set forth in Annex 3 are each hereby appointed as a representative of the City of Pasco in connection with the acquisition of the Property and execution of the Local Agency Financing Contract and all other related documents. A minimum of 2 Authorized Agency Representatives shall be required to execute any one document in order for it to be considered duly executed on behalf of the City of Pasco. SECTION 2: The form of the Local Agency Financing Contract attached hereto as Annex 2 is hereby approved and the Authorized Agency Representatives are hereby authorized and directed to execute and deliver the Local Agency Financing Contract, in an amount not to exceed $200,000 and in substantially the form attached hereto with such changes as may be approved by the Authorized Representatives, for the acquisition of the Property and financing of the acquisition of the Property and related financing costs. SECTION 3: The City of Pasco hereby authorizes the acquisition of the Property as agent of the Corporation in accordance with the terms and provisions of the Local Agency Financing Contract. SECTIONS 4: The Authorized Agency Representatives are hereby authorized to execute and deliver to the Office of the State Treasurer all other documents, agreements and certificates, and to take all other action, which they deem necessary or appropriate in connection with the financing of the Property, including, but not limited to, any amendment to the NOI, any tax certificate and any agreements relating to initial and ongoing disclosure in connection with the offering of securities related to the financing. SECTION 5: This ordinance shall become effective immediatcly upon its passage. Passed by the City Council of the City of Pasco, Washington, at a regular meeting thereof held this 6`h day of April,2009. Joycc Olsen, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clck Leland B. Kerr, City Attorney RESOLUTION NO. A RESOLUTION AUTHORIZING REIMBURSEMENT FOR THE PURCHASE OF PERSONAL PROPERTY KNOWN AS THE POLICE DEPARTMENT PATROL VEHICLE COMPUTER EQUIPMENT THROUGH A FINANCING CONTRACT. SECTION 1. The City of Pasco reasonably expects to reimburse the expenditures described herein with the proceeds of a financing contract to be entered into by the City of Pasco. SECTION 2. The expenditures with respect to which the City of Pasco reasonably expects to be reimbursed from the proceeds of Reimbursement Obligations are for the Police Department Patrol Vehicle Computer Equipment. SECTION 3. The expenditures with respect to which the City of Pasco reasonably expects to be reimbursed from the proceeds of Reimbursement Obligations will be made from the General Fund,Non-Departmental Capital Outlay. SECTION 4. The maximum principal amount of Reimbursement Obligations expected to be issued for the property described in Section 2 is $200,000. This resolution shall become effective immediately upon its adoption. APPROVED by the City Council of the City of Pasco, Washington, this 6`h day of April,2009. Joyce Olsen, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney Annex 1 Notice of Intent State of Washington LOCAL (Local Option Capital Asset Lending) local Government Information County: Franklin_ Legal Name: City of Pasco_ MCAG No.: _292 Contact Person: Jim Chase Title: _Financial Services Manager Address: 1' U Box 293 Zip: 99301_ Phone: _5O9.544-3065 Fax: _509.544-30$2 E-mail: chaseit)pasco-wa.gov Would you prefer to receive financing documents(check one): x Already have financing documents ❑ MS Word 6.0 by e-mail ❑ 3.5"disk- Word 97 by U.S. mail ❑ Hard copy by U.S. mail Property (Real Estate or Equipment) Property descnption(include quantity, if applicable):_32 Motorola MWS 10 Computers_ Total cost: S 235,953.05 Maximum amount to finance: $__290, 00 .00 Finance term: ears Useful life: 6 years (extended w nty being purchased) Desired financing date: ASAP Purpose of property (Please be specific and include dept. of use): _Police Department Equipment: Computers will be purchased and permanently installed in Police Patrol Vehicles. Police officer's are currently using laptop computers. Those are nearing the end of their useful lives and the new computers will be hard mounted in the vehicles (for safety RpMoses). We are purchasing extended warranty's (to_6 years) which cost will not be included in the financingo. If real estate, the Real Estate Worksheet: ❑ Is attached ❑ Will be provided by(date)_ If equipment, will the property purchase price be paid with ❑ program proceeds or J general funds to be reimbursed from program proceeds? If general funds are to be wed, include a copy of the local agency's reimbursement resolution with the financing docurnetats. Security Pledge ❑ Voted general obligation of local government.. }C Ikon-voted general obligation of local government Other Information Approximate population: S_ 4.OQQ (not required for cities and counties). If any of the following apply,please provide a complete discussion on a separate page: ❑ Yes No Does the local govetTmtent use registered warrants.interfund loans or other casts flow borrowing? ❑ Yes No Is the local government a party to significant litigation? © Yes ❑No Is this a reimbursement? If yes,date funds spent Upon approval of LOCAL Financing We are not required to submit the Credit Fonn because_ _ Has local government received a bond rating in the last two years? ® Yes ❑No Bond rating(s): 2007 Revenue Bonds A3 (Moo 's Rating Agency- June 19. 2007) (attach rating agcrncy later) By executing this Notice of Intent,the local agency acknowlulgcs,agrees to and accepts its designation and appointment as the agent of the notmnal lessor in connection with the acquisition of the proiect By executing this Notice of Intent,the local agency further acknowledges and agrees that certificate counsel and any other special counsel to the state to connection with the authorization, issuance and delivery of the certificates and the related financing documents shall not be acting,and shall not be deemed to act, as counsel to the local agency,nor shall any anon - pent r ship exist of be deemed to exist between such counsel and any participating locai agency in connection with such matter Submitted by: Mary u feel Title:_Ctv Manager Signature. �� Dater I rrnmcliao NO. Annex 2 to Authorizing Resolution(Equipment) LOCAL AGENCY FINANCING CONTRACT.SERIFS 2009 (Equipment) rhis Local Agency Financing Contract,Series 2009(the"Agenc Finanrng Contract")is entcrrJ into by and between the state of Washington(the"State'). acting by and through the State Treasurer(the"State Treasurer'),and(Agency\amen,a Agency'I ypel of the State(the"Local Agency') RECITALS WFIEREAS, certain State agenc.a(a).defined in Appendix 1 hereto,"State Agencies")are authotatd to acquire real and personal propcM used or needed by such State Agencies through Agency Financing Contracts entered into pursuant to Chapter 356,I.aws of Washington,1989,codified as Chapter 39.94 of the Revised Code of Washington(the"RCW"),as supplemented and an ended(thc"Act").and WHEREAS,Chapter 291, Laws of Washington, 1998 supplemented and amended the Act to authorize the Stale to enter into Agency Financing Contracts on behalf of certain local agencies(as described therein."Local Agencies"),including the Local Agency,to finance the acquisition of real and personal property by such Local Agencies,and WHEREAS,the State Trmwrr has established a consolidated program providing for the execution and delivery of certificates of participation in such Agency Financing Contracts,or in Master Financing Contacts with respee(thereto, in series from time to time in order to provide financing or refinancing tot the costs of acquisition of real and personal propeny by State Agencies and Local Agencies,and WHEREAS, simulmricoush with the execution and delivery hereof,the State a entering into a Mauer Financing Contract,Series 200_,dated es of the Dated Date(the"Master Financing Contract")wvith the Washington Finance Officers Association,3 nonprofit corpornuon duty organized and existing under and try%unit of the laws of the state of Washington(the"Corporation"),to provide financing for the costs of acquisition of certain items of personal property by centain State Agencies and Local Agencies,including the local Agency,under the terms set fonb therein,and WHEREAS,the State Treasurer and the Local Agency have determined that it is necessary and desitttbk to enter into this Agency Financing Contract to ptovrde financing or refinancing for the costs of acquisition of certain items of personal property,described to Exhibit B hereto(the"Property"),by the Local Agency,and WHEREAS,the Suit Finance Committee has authorizud the execution and delivery of this Agency Financing Contract pursuant to Resolution No.987 adopted on October 7,2003;and W HL•RIAS, all acts,conditions and things required by low to exist, to have happened and to have been performed prrccdent to and in connection with the execution and delivery of this Agency Financing Contract do exist,have happened and have been performed in regular and duc time,form and manner as required by law,anti the Panics hereto arc now duly authorized to execute,deliver and perform their respective obligations under this Agency Financing Contract, NOW THEREFORE,in consideration of the mutual covenants and agreements contained herein and for other valuable consideration,the Panics hereto mutually agree as Wows Section I 1 Defined Terms Capitalized terms used but not otherwise defined in this Agency Financing Contract shall have the respective meanings given such terms in Appendix I hereto Section 1 2 Ntlttet_o( Intent Personal Prorxny Ccitiftcus-Certificate DesikNnne Authormcl lAsAl&serKy_Kernesentative The local Agency has delivered a Notice of Intent to the State Treasurer in the form of Inhibit A attached hereto and incorporated hcrcin by this reference In order to evidence its acceptance of the Property financed and acquired pursuant hereto,the Local Agency has executed and delivered herewith,or will execute and deliver within 60 days from the Dated Date to the State Treasurer,a Personal Property Certificate in the forth of Exhibit B attached hereto and incorporated herein by this reference The Local Agency has delivered a Certificate Designating Authonzed Agency Kepreseneatives to the State Treasurer in the form of Exhibit C attached hereto and incorporated herein by this reference Said CcniRcatc is currently in font and has not been amended,withdrawn at superseded,and the signatures shown thereon arc true and correct originals of the signawrm of the persons who hold the titles shown opposite their names The signature of any one of the tndwiduaLs shown on said Certificate is sufficient w bind the Local Agency under this Agency Financing Contract with respect to any of the undertakings contemplated herein The terms .and provisions set forth in Appendix 11 hereto are incorporated herein and made a pan hereof by this reference Section 1.3 Installment Safe;Ind Purchase of Property The State hereby agrees to sell,assign end convey,and does hereby sell,assign and convey to the Local Agency,and the Local Agency hereby agrees to purchase,acquire and assume,and does hereby purchase,acquire and assume.from the State.all of the State's right,tide and interest in and to the Property and all proceeds and profits thereof and therefrom, subject to the securit) interest created pursuaru to Section 2 5 of Appendix 11 hereof, and the Loca' Agency agrees to pay in consideration thereof the Purchase Price therefor and interest thereon and the Additional Costs in accordance with Satan l s heita,,and 311 other amounts required to be paid by the Local Agenc) hereunder,all in accordance with the provisions of this Agency F miming Contract Section,4 Aecncs Installment Payments. In consideration of the sale of the Property and the covenants and 3Voemenis of the State in this Agency Financing Contract.the Local Agency hereby promises to pay to the State the following nrnounts at the following toms (a)On each Agency Installmctx Payment Date,the Agency InstaUment Payment set forth in Exhibit D hereto.consisting of a Pnncipal Comporent and/or an interest Component as set forth in such Exhibit, and(b)All Addmooal Costs incurred by the State in connection with the sale of the Property to the Local Agency,the execution and dehi cry of the Certificates,and the observance and performance of the Series 200_Agreements,within thirty(30)days following receipt of an invoice from the State with respect thereto which includes(t)a bnef description of each such Additional Cost,(u)the party to whom payment is due,(iii)the arnount thereof,and(rv)such additional information as the Local Agencv may reasonably request. Section d 5 Jg=The term of this Local Agency Financing Contract shall conmerice on the Dated Date and shall terminate on the date on which all amounts due hereunder shall have been paid or the puyment thereof duly provided for pursuant to Section 4.3 of Appendix 11 hereof STATE OF WASHINGTON AGENCY NAME OFFICE OF THE STATE TREASURER as Local Agency By By Designated Ttmurcr Representative Authorized Agency Rcpcesenutive By Authorized Agency Representative 12 Annex 3 CERTIFICATE DESIGNATING AUTHORIZED AGENCY REPRESENTATIVES 1, Joyce Olson, Mayor the City of Pasco, hereby certify that, as of the date hereof, pursuant to Ordinance No. . the following individuals are each an "Authorized Agency Representative": as indicated by the title appended to each signature, that the following individuals are duly authorized to execute and deliver the Financing Contract to which this Certificate is attached as Annex 2, and all documentation in connection therewith, that the signatures set forth below are the true and genuine signatures of said Authorized Agency Representatives and that pursuant to such ordinance, 2 of the 3 following signatures are required on each of the aforementioned documents in order to consider such documents executed on behalf of the City. Gary Crutchfield, City Manager Stan Strcbel, Administrative & Community Services Director James W. Chase, Financial Services Manager Dated this 6th day of April, 2009 Joyce Olson, Mayor City of Pasco SUBSCRIBED ARID SWORN TO before me this day of By: NOTARY PUBLIC in and for the State of Washington, residing at: Printed Name: My Commission expires: